HireMojo, Inc. Terms of Use
https://www.hiremojo.com/terms-of-use/
Effective date: March 1, 2022
HireMojo,
Inc. ("us", "we", or "our") operates the
www.hiremojo.com website and platform, the www.recruitershare.net website and platform (the "Service").
Welcome to HireMojo
(the "Site", “Platform” or "the Service"). We’re glad you
are here and hope you enjoy everything we have to offer. Please read these
Terms carefully because they are a binding agreement between You and HireMojo,
Inc. These Terms of Use, together with HireMojo, Inc.'s Privacy Policy, Cookie Policy and optional
customer Subscription Services Agreement (“SSA”) (collectively the
"Terms") govern your use of and access to the Platform. Your access
to the Platform means that you accept these Terms. If you do not agree to these
Terms or you do not comply with these provisions, you may not use the Platform,
sorry.
HireMojo has
different roles with respect to different types of Users and "you" as used in
this agreement will apply to visitors who browse the Service and the HireMojo
website, and individuals who access and use the Service on their own individual
behalf and/or on behalf of a hiring organization.
Customer,
Company, Employer - Users who are employers or organizations seeking to hire
people
Applicant,
Job Applicant, Candidate – Users who are applying for a job
Recruiter
– Users who provide recruiting and hiring support for Customer
HireMojo reserves
the right to change, modify or otherwise alter these terms at any time. HireMojo
agrees to give written notification to Customer of any such modifications per
section 6. Electronic Communications.
By your acceptance
of these terms, HireMojo grants you a limited, non-exclusive, non-assignable,
non-transferable license to access and use the Platform. You may not download
(other than page caching), or modify any portion of the Platform, except with HireMojo’s
express written consent. (In recognition of the twenty-first century, this
consent may be in email form.) The license to use the Platform does not include
any resale or commercial use of the Platform or its contents unless licensee
enters into a separate Dealer contract with HireMojo; or any derivative use of
this Platform or its contents; or any use of data mining, robots or similar
data gathering and extraction tools or processes. You agree not to store in any
form, distribute, transmit, display, reproduce, modify, create derivative works
from, sell or otherwise exploit any of the content on this Platform for any
commercial purpose. By using the Platform, you warrant to HireMojo that you
will not use the Platform, or any of the content obtained from the Platform,
for any purpose that is unlawful or prohibited by these Terms. HireMojo does
not grant any license or other authorization to any user of its trademarks,
registered trademarks, service marks, or other copyrightable material or other
intellectual property, by placing them on the Platform. The compilation of the
content on the Platform remains HireMojo’s property, and “look” and “feel” of
the Platform, including its layout, design, and graphic elements, are also
protected by HireMojo’s trademarks, service marks, and copyrights. If you
violate any of these Terms, your permission to use the Platform automatically
terminates.
The Platform and
all right, title and interest in and to the Platform is the sole property
HireMojo or its licensors, and is protected by United States and foreign
patent, copyright, trademark and other regulations. Except for the limited
license granted to you in these Terms, HireMojo reserves for itself all other
rights, title and interest. This means that you may not reproduce, modify,
display, sell, or distribute any Platform content or use it in any other way
for public or commercial purpose except with HireMojo’s express written
consent. (Yes, we do believe in email consent!) While we cannot anticipate
every prohibited use, this prohibition includes without limitation: (a)
adapting, altering, modifying, decompiling, translating, disassembling, or
reverse engineering the HireMojo Cloud Recruiting® Platform or any component
thereof, including without limitation, the source code and any other underlying
ideas or algorithms; (b) using or attempting to use engines, manual or
automated software, tools, devices, agents, scripts robots or other means,
devices, mechanisms or processes (including, but not limited to, browsers,
spiders, robots, avatars or intelligent agents) to navigate, search, access,
“scrape,” “crawl,” or “spider” any web pages or any Services provided on the
Platform other than generally available third party web browsers (e.g., Chrome,
Internet Explorer, Firefox, Safari); (c) aggregating, copying or duplicating in
any manner any of Platform’s content; (d) creating license keys for the
HireMojo Cloud Recruiting® Platform; (e) copying, transferring, sublicensing,
loaning, selling or leasing the HireMojo Cloud Recruiting® Platform; or (f)
shipping, transferring, exporting or importing the HireMojo Platform or any
component thereof into any country, or using the HireMojo Cloud Recruiting®
Platform in any manner prohibited by any export or import control laws,
restrictions, or regulations administered by the U.S. Commerce Department’s
Bureau of Export Administration, the U.S. Department of Treasury’s Office of
Foreign Assets Control, or any other applicable government agency.
“HireMojo”, “Fill
Your Job, Not Your Inbox®”, “Bright Papers”, , “Cloud
Recruiting”, “AmericaWorks”, , “RecruiterBot”, RecruiterShare”, are among the trademarks or service
marks of HireMojo, Inc.
First and foremost,
you must be 18 years or older to use the Platform. If you are younger than 18,
please find another Platform to access with more music, videos, games, and fun
things! If you are over 18, in consideration of your use of the Platform, you agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the registration form, if applicable; (b) maintain and update
this information to keep it true, accurate, current and complete; and (c)
comply with all applicable regulation in posting any content to the Platform,
including without limitation regulation pertaining to third party proprietary
rights, trade secret rights, copyrights and trademarks. If any information
provided by you is in violation of these Terms, HireMojo has the right to
terminate your account without notice and refuse you all current or future use
of the Platform. You agree not to resell or transfer the Platform or use of or
access to the Platform. Your registration information, including sign-in
information, may not be misleading, infringing, profane, or otherwise
inappropriate. You may not share any sign-in information with anyone, including
password information. Although we reserve the right, to the extent permitted by
law, to verify your registration information, HireMojo cannot make any
representation about the truthfulness, accuracy, current nature or completeness
of your registration information; doing so is entirely your responsibility.
By posting and/or
otherwise providing any Posted Content, you expressly grant, and represent and
warrant that you have a right to grant, to HireMojo, a royalty-free,
sublicensable (including to other users and in the case of job posting content,
to Third Parties defined in Section 12 below), transferable, irrevocable,
non-exclusive, worldwide license to use, reproduce, adapt, list information
regarding, edit, translate, publicly perform, publicly display, and make
derivative works of all such Posted Content in whole or in part, and in any
form, media or technology, whether now known or hereafter developed. This
license continues even if you stop using our Service, and if you are an
Employer, you acknowledge and agree that HireMojo has no obligation, and may be
unable, to remove your job postings (including any intellectual property
contained therein) once they have been (i)
distributed to Third Parties, (ii) listed in search engine results, or (iii)
incorporated into fixed media displays of HireMojo or Third Parties, and in
each case (i) to (iii) above, the license grant from
you above will be perpetual and irrevocable for such uses. To the extent your
Posted Content is a trademark, trade name, service mark or service name
protected by law, the foregoing license also extends to the use by HireMojo to
identify you as a Service User as contemplated by the Service.
By using the
Platform to fill your jobs, you authorize HireMojo to represent your company
and its subsidiaries across all job related support
efforts, including in each job’s direct sourcing efforts, advertising,
marketing, posting, candidate communication and careers page management. For
jobs specifically identified as confidential, HireMojo will make best efforts
to hide all company specific information.
When you visit the
Platform or send e-mails to us, you are communicating with us electronically
and you consent to receive communications from us electronically. HireMojo may provide notifications, whether
such notifications are required by law or are for marketing or other business
related purposes, to you via email notice, written or hard copy notice, or
through conspicuous posting of such notice on our website, as determined by
HireMojo in its sole discretion. HireMojo reserves the right to determine the
form and means of providing notifications to our Users, provided that you may
opt out of certain means of notification as described in this Agreement.
HireMojo is not responsible for any automatic filtering you or your network
provider may apply to email notifications we send to the email address you
provide us or to the number you provided to receive text messages. We recommend
that you add @hiremojo.com to your
company’s safe sender list and email address book to help ensure you receive
email notifications from us. Should
there be an upcoming change to the terms of your company's active Subscription
Services Agreement, we will contact you directly. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communication be in
writing.
Under California
Civil Code Section 1789.3, California users of the Service receive the
following specific consumer rights notice: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento,
CA 95834, or by telephone at (800) 952-5210.
By using the
Platform you agree that you will not do any of the following: Restrict or
inhibit any other user from using and enjoying the Platform; or Post or
transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic,
profane, threatening, abusive, hateful, offensive, or otherwise objectionable
information of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute criminal or tortuous activity,
give rise to civil liability, or otherwise violate any local, state, national
or foreign law, including without limitation the U.S. export and import control
laws and regulations; or Violate the anti-discrimination provision(s) of the
applicable jurisdiction in which an applicant or job is located, including the
Immigration and Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment, unless
otherwise required in order to comply with law, regulation, executive order, or
federal, state, or local government contract; or Post or transmit any
advertisements, solicitations, chain letters, pyramid schemes, investment
opportunities or schemes or other unsolicited commercial communication (except
as otherwise expressly permitted by HireMojo) or engage in spamming or
flooding; or Post or transmit any information or software which contains a
virus, trojan horse, worm or other harmful component; or Post, publish,
transmit, reproduce, distribute or in any way exploit any information, software
or other material obtained through the Platform for commercial purposes (other
than as expressly permitted by the provider of such information, software or
other material); or Impersonate or attempt to impersonate another user of the
Platform, or use another’s account or registration information to access the
Platform, or permit a third party to use your account or registration
information; or Upload, post, publish, transmit, reproduce, or distribute in
any way, information, software or other material obtained through the Platform
which is protected by copyright or trademark, or other proprietary right or
trade secrets, or derivative works of the above, without obtaining express
prior permission of the copyright owner or right holder. HireMojo has no
obligation to monitor the Platform. However, you acknowledge and agree that
HireMojo has the right to reject, refuse to post, or delete any Platform
content from time to time and to disclose any information as necessary or
appropriate to satisfy any law, regulation or other governmental request or
legal process, to operate the Service properly, or to protect itself or its
subscribers. HireMojo will not intentionally disclose any private
electronic-mail message unless required by legal process. HireMojo reserves the
right to monitor the Platform’s content at random, and to refuse to post or to
remove any information or materials, in whole or in part, that, in its sole
discretion, are unacceptable, undesirable, inappropriate or in violation of
these Terms. To report a violation of these Terms, please email customerhappiness@hiremojo.com.
As these Terms make
plain, and as the law makes even less plain with more detail, HireMojo respects
third party intellectual property rights and will respond to claims of
copyright or other intellectual property infringement in accordance with the
DMCA and other applicable regulations. HireMojo may take any and all action in
compliance with the DMCA or other copyright regulation, including removal of
user-posted content and termination of access to the Platform. To notify
HireMojo of an infringement, you must provide a written communication to the
attention of customerhappiness@hiremojo.com that sets forth
the information specified by the DMCA (as outlined here). If we remove or
disable access to content in response to an infringement notice, we will make
reasonable attempts to contact the posting user. If you feel that your material
does not constitute infringement, you may provide HireMojo with a counter
notification by written communication sent to customerhappiness@hiremojo.com that sets forth
all of the necessary information required by the DMCA. See (this link) for that
information.
We love our users!
HireMojo may provide you with a mechanism to provide optional feedback,
suggestions and ideas about its software and services ("Feedback").
You agree that HireMojo may, in its sole discretion, use the Feedback you
provide to HireMojo in any way, including in future modifications of the
Platform, multimedia works and/or advertising and promotional materials relating
to the Platform. You hereby grant HireMojo a perpetual, worldwide, fully
transferable, irrevocable, royalty-free license to use, reproduce, modify,
create derivative works from, distribute and display the Feedback in any manner
and for any purpose. Who knows – we just might make you famous! If fame isn’t
your thing, feel free to decline to provide Feedback at any time. Please send
your feedback to customerhappiness@hiremojo.com.
HireMojo may charge fees for use of the HireMojo Platform, job marketing and use of various third party products or services and optionally managing the recruiting and hiring process from start to finish with RecruiterShare (from initial job profiling to when the new hire starts employment), regardless of the candidate source. Each party entering and managing content within the Service is responsible for that content and compliance with these Terms. Absent an express written agreement to the contrary, fees paid will be non-refundable in the event that the content is removed or your access is terminated from the Platform for violating these Terms. A separate optional Subscription Services Agreement (SSA) would contain the specific prices, services and capacities for each company.
When the Customer invites recruiters to support a job in RecruiterShare, the Customer agrees to pay that job's Launch Fee with no refunds, regardless of when the fee is collected.
What Candidates Qualify for Fees
When HireMojo's RecruiterShare service is supporting a job with the use of a recruiter, any candidate who is found or evaluated by the recruiter, platform or any HIreMojo related outreach and hired into a full-time, part-time or contract job will result in a per-hire fee being due upon the start date. This fee is due even if the candidate's resume or any other candidate information was received prior to the job being supported by the recruiter, provided that the RecruiterShare recruiter was involved with identifying and promoting the candidate's attributes in a way that resulted in them being hired. If the candidate hired was identified by non RecruiterShare/HireMojo source for this job and RecruiterShare had no involvement with the interviewing, selection and hiring process, then no per-hire fee would be due.
Further, if a candidate presented by a recruiter through HireMojo is later hired for any other position within one (1) year of being presented, job launch and per-hire fees will be due and payable on the day that the candidate starts employment with your company/organization, its divisions, subsidiaries or affiliates.
If a candidate is hired into a contract role, the per hire fee will be due upon the contract start date. No other fees will be due for the duration of the contract relationship or if the candidate is later be hired into a full-time or part-time role.
We also like to be proactive in helping our users find candidates. If you are presented with a candidate for a role that is not currently supported by RecruiterShare or HireMojo, and you decide to hire this candidate, then the launch and hire fee will be due upon start date for that job tier.
Responsiveness is essential for hiring success. For RecruiterShare-supported jobs, Customers are expected to respond to recruiter/Company communications within 48 hours. If, after three (3) documented outreach attempts from the recruiter/Company, there is no response from Customer within 15 days, Company, at its sole discretion, has the right to place the job on hold.
If there is no Customer response thirty (30) days after the last recruiter/Company outreach, the job will be considered abandoned by Customer and Company, at its sole discretion, can close the job. Should Customer choose to have the job supported again, a new launch fee would apply.
10a. Pricing
Pricing values, tier definitions and support costs can be found here. If you choose to prepay for a subscription for discounted pricing, it will come with an allotted capacity. After the subscription capacity is consumed, Customer can either initiate point purchase at the rate listed on the link above per overage unit, or upgrade the subscription with additional capacity by contacting customerhappiness@hiremojo.com . Should Customer wish to terminate the subscription before the renewal date, Customer agrees to pay the remaining amount due to fulfill the full annual subscription.
There is a 5 day window upon execution to cancel any subscription, after which all sales are final.
With written consent by both parties, the scope and execution strategy of a subscription can be updated at any time.
You hereby
authorize HireMojo (either directly or through a third party
payment processor) to charge all Fees to the credit card, PayPal account or
other payment processor ("Payment Account") you provide during
registration, at time of purchase or in your Account. If you use the Service on
behalf of a company, by using a corporate credit card or billing instrument,
you affirm that you are authorized to use the corporate card or billing instrument
for such purposes. You agree to provide HireMojo updated information regarding
your Payment Account upon HireMojo’s request and any time the information
earlier provided is no longer valid. If you revoke authorization to charge your
Payment Account, or if for any reason your Payment Account does not pay
HireMojo, HireMojo may suspend your access to some or all features of the
Service. If payment is by wire or check, payment is due upon receipt of the
invoice. Past due amounts bear interest at the rate of 1.5% per month (or the
highest rate allowed by law, whichever is less) beginning from the invoice date
until paid in full. Services associated with invoices that are more than 45
days past due are subject to suspension or cancellation at HireMojo’s discretion.
HireMojo may also suspend access to the HireMojo’s Hiring Automation Platform
if invoices are past due for greater than 45 days. Should HireMojo engage
attorneys for collection purposes, you will be responsible for those related
fees with interest.
In connection with
your use of the Platform, you may be made aware of services, products, offers
and promotions provided by third parties, and not by HireMojo. Examples of this
would include increasing your job marketing with additional Platforms where
candidates may be found, the engagement of a Hiring Consultant (recruiter) or
candidate research services. If you decide to use any third
party services, you are responsible for reviewing and understanding the
terms and conditions governing those third party services. You agree that the
third party, and not HireMojo, is responsible for the performance of those third party services, and that HireMojo does not warrant or
endorse any third party services you may access via the Platform.
The Platform may
contain or reference links to Web Platforms operated by third party, such as
those used to market jobs supported through Platform ("Third Party
Websites"). These links are provided as a convenience to you and are not
under the control of HireMojo. HireMojo is not responsible for the content of
any Third Party Website or any link contained in a
Third Party Website. HireMojo does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third Party Websites, and
the inclusion of any link in the Service is not and does not imply an
affiliation, sponsorship, endorsement, approval, investigation, verification or
monitoring by HireMojo of any information contained in any Third Party Website.
In no event will HireMojo be responsible for the information contained in such Third Party Website or for your use of or inability to use
such Website. Access to any Third Party Website is at
your own risk, and you acknowledge and understand that linked Third Party
Websites may contain terms and privacy policies that are different from those
of HireMojo. HireMojo is not responsible for such provisions, and expressly
disclaims any liability for them.
The HireMojo method
and technology, including scoring methodology and applicant flow information
and analysis, are HireMojo’s sole property and are subject to the proprietary
information sections of these Terms. HireMojo grants client users a limited, terminable,
royalty-free, right to access specific recruitment plans, including the job
descriptions, online interview questions and aggregated candidate source
information within its knowledgebase. Any job descriptions, online interview
questions, question scoring or any other job related
information entered by users becomes the property of HireMojo as set forth in
Section 4 above.
While you can utilize job specific information within HireMojo’s knowledge base as a reference for new or existing jobs, you assume all responsibility for the accuracy, legality, fairness, appropriateness, humor, lack of humor, adherence to government policies and regulations, and any other liability that is related to your job descriptions, interview questions, scoring of interview questions, decisions made on applicants (reject, hold, hire, etc.) and job marketing decisions for each job launched within the HireMojo platform.
When RecruiterShare develops a job description, related screening questions and any job related marketing materials, you have the right to review, modify and approve these materials prior to having them made public.
HireMojo recommends
that all applicants for the jobs supported on the HireMojo Platform be directed
to the respective job application link on the Platform to ensure maximum
efficiency, consistency, tracking and benefit.
Any jobs listed with an alternate
non-HireMojo application link or method understand that those links will be
removed and that the user may be blocked from using HireMojo. Individual
applicant information gathered during the process of recruiting for specific
jobs will be licensed by the user to HireMojo and, if applicable, the hiring
company. When applicants enter information, or Customers institute searches for
candidates, the applicant and/or client, by inputting such information into the
Platform, is granting to HireMojo an unlimited, irrevocable, perpetual,
world-wide license to use, modify, distribute, license, analyze, collate, sell,
or create derivative works from that information in accordance with the
confidentiality provisions specifically elected by the candidate and in
accordance with our privacy policy. By applying for a job, the applicant is
expressly authorizing the release of their information to the hiring company
and HireMojo. During the period that the user utilizes the Platform, the client
user will be able to view candidate information using the HireMojo web console,
and the client and HireMojo may, in a separate agreement, agree to optional
export services of specific candidate information. Such separate agreements
shall be governed by our privacy policy. HireMojo assumes no responsibility or
liability whatsoever for the accuracy or completeness of the Applicant
responses to your questions.
Any Customer using
the Service agrees to keep track of and record all hires from any source for
the jobs managed through the Service by selecting “Hire” in the decision menu.
Hire data may be used by HireMojo for statistical purposes in compliance with
all applicable regulations regarding privacy and in compliance with HireMojo’s
privacy policy. Visit https://www.hiremojo.com/privacy-policy/
When
you apply for a job through the HireMojo Service, you agree to provide
information that is true, accurate, current, and complete, and to release your
personal information to the party responsible for initiating the job support.
As specified by you in your user profile, you may elect to receive or not
receive additional communications from HireMojo. You also agree to allow your
information to be used for the purpose of statistical analysis as is further
detailed in HireMojo’s Privacy Policy https://www.hiremojo.com/privacy-policy/ and Cookie Policy https://www.hiremojo.com/cookie-policy/. If you have an
HireMojo account or an HireMojo-hosted resume, you agree that HireMojo may use
this data to suggest jobs to you and to suggest you or your public resume to
Employers that might be interested in a person who matches your behavior
or profile on HireMojo. You also agree that HireMojo may contact you based on
this observed behavior. In addition, if you are located in the United
States and you set your Resume to public, this means that HireMojo may share
all of the aforementioned information about yourself with third-party
Employers. If you do not wish to share such information, you may set your
profile to private. HireMojo does not monitor or verify the accuracy of
any information provided by you or any other job seeker or job poster in
conjunction with providing the Service.
When you access the
HireMojo Service, you agree to use this access only for the purpose of
supporting jobs within and supported by HireMojo. Any use of the platform, Applicants,
Customers, or any other HireMojo related resource or information outside
HireMojo is strictly prohibited.
Users agree to
adhere to all local, state and national laws pertaining to the recruiting and
hiring of employees, including without limitation those in the United States of
the Equal Employment Opportunity Commission (EEOC) and, if applicable, Office
of Federal Contractor Compliance Programs (OFCCP). HireMojo is not responsible
in any way for monitoring any user’s legal compliance, nor does it undertake to
enforce any law or regulations pertaining in any way to the recruiting or
hiring of employees. Instead, HireMojo acts as a portal for the online
distribution of job related information between
employers and employees. If notified by a user of a violation of regulations
pertaining to the recruiting and hiring of employees, as with any violation of
these Terms, HireMojo reserves the right to take any action it deems
appropriate regarding any user supplied content. Users should feel free to
contact their local government office regarding potential legal violations.
See
HireMojo’s Privacy Policy at https://www.hiremojo.com/privacy-policy/ and Cookie Policy
at https://www.hiremojo.com/cookie-policy/
for
information and notices concerning HireMojo’s collection and use of personal
information. HireMojo reserves the right to update its Privacy Policy and
Cookie Policy from time to time without notice. If you have any questions about
the HireMojo Privacy Policy, please contact HireMojo at customerhappiness@hiremojo.com.
Your use of the
Platform, including any applets, software, and content contained therein, is
entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIREMOJO, ITS AFFILIATES,
LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND
SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL GUARANTEES AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLATFORM AND
RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. HIREMOJO DOES NOT WARRANT OR
GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE PLATFORM, REGARDLESS
OF WHO ORIGINATES THAT CONTENT. HIREMOJO DOES NOT WARRANT THAT THE PLATFORM IS
SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR
THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT.
HIREMOJO IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR
LINKED FROM THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR
OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
THE ENTIRE
CUMULATIVE LIABILITY OF HIREMOJO AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES,
SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS
AND EMPLOYEES FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS OR USE OF
THE PLATFORM SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
RELATED SERVICES OR CONTENT PURCHASED FROM HIREMOJO, ITS AUTHORIZED RESELLER OR
ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
HIREMOJO AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS,
DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES SHALL
NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS,
CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF HIREMOJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN HIREMOJO AND YOU. IN THE EVENT THAT A JURISDICTION DEEMS
THIS LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR
INCIDENTAL DAMAGES TO BE INAPPLICABLE OR UNLAWFUL, THEN HIREMOJO’S MAXIMUM
LIABILITY TO YOU FOR ANY NON-DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID
BY YOU FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM HIREMOJO, ITS
AUTHORIZED RESELLER OR ITS SERVICE PROVIDER.
You agree to
indemnify and hold HireMojo and its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers,
and employees harmless from any claim or demand, including without limitation
costs, damages, and reasonable legal and accounting fees, made by any third
party due to or arising out of content you send, post or make available through
the Service, your use of the Service, your violation of these Terms, your
breach of any of the representations and warranties herein, or your violation
of any rights of another, including without limitation violation of applicable
employment and hiring related regulation, violation of patent, trademark and
copyright law, or violation of third party rights pertaining to confidential,
proprietary, or trade secret information. HireMojo shall provide reasonable
notice to you of any such claim, suit, or proceeding.
You may terminate
your use or access to the Platform at any time unless otherwise specified in an
optional Software Services Agreement. Your privilege to use or access the
Platform may be terminated by HireMojo if you fail to comply, after notice,
with any material term or condition of the Terms. HireMojo will notify Customer
of any such failure to comply and provide a reasonable time to cure any such
failure. While we hope this happens as infrequently as possible, HireMojo
reserves the right to change, modify or discontinue, temporarily or
permanently, the Platform (or any part thereof). HireMojo agrees to notify Customer
of any such change. Should there be a HireMojo initiated change to the terms of
your company's active Subscription Services Agreement, you will have the option
of terminating the SSA within 30 days of being notified and receive a prorated
refund. Upon termination, HireMojo is
under no obligation to store, track or provide reporting for your job and
applicant information for the purposes of government compliance and
documentation. In the event you terminate your use or access to the Platform,
this Terms of Use shall terminate; provided, however, that Sections 1-3 and
20-23 shall survive any termination of this Terms of Use.
Except as expressly
set forth in Terms are a complete statement of the agreement between you, your
company and HireMojo, and set forth the entire agreement between you and
HireMojo with respect to your access and use of the Platform. The suppliers,
agents, distributors, dealers, and employees of HireMojo are not authorized to
make modifications to these Terms. Any waiver of the terms herein by HireMojo
must be in a writing that expressly references the applicable provision(s) of
the Terms and that is signed by an authorized officer of HireMojo. If any
provision of the Terms is invalid or unenforceable under applicable law, then
it shall be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law, and the
remaining provisions will continue in full force and effect. No waiver of any
term of these Terms shall be deemed a further or continuing waiver or any such
term or any other term.
This contract is
governed by the laws of the State of California. Any controversy, dispute or
claim of whatever nature arising out of, in connection with or in relation to
the interpretation, performance or breach of this Agreement, including any
claim based on contract, tort or statute, shall be resolved at the request of
any party to this Agreement through a two-step dispute resolution process
administered by Judicial Arbitration & Mediation Services, Inc. The place
of arbitration shall be San Francisco, California. The demand for arbitration
shall be made within a reasonable time after the claim, dispute or other matter
in question has arisen, and in no event shall it be made after two years from when
the aggrieved party knew or should have known of the controversy, claim,
dispute or breach. If you do not comply with these Terms, and we don’t take
action right away, this doesn’t mean we’re OK with what you did, or we are
giving up any rights that we may have (such as taking action in the future).
Contact for inquiries regarding HireMojo Terms: legal@hiremojo.com